Indiana Court of Appeals

The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater
from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.

In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing
him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court
must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.

Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before
the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should
have barred the annexation.

An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department
of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same
home as a child who has claimed abuse by a resident family member.

A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming
a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former
gang ally was a passenger in Goshen.

A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned
by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.

The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that
the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.

The Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had
no responsibility to cover environmental cleanup costs at former Thomson plants.

A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department
of Correction, but his request for kosher meals will get a second review.

A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals
on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive
junk fee.”

In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana
Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence
Rules Review Committee.

The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following
a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel
did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case
– prior to trial.

Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity
in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy
Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”

The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he
was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.

A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering
that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.

An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did
not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.